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UdayaLakshmi (self)     14 January 2014

Violation of agreement by tenant

An agreement was made  in between me and the tenant for 11 months. The house was taken for  rent partially for residence and  an office by the party. I made it clear in my agreement " 

"The house is provided with domestic 3 phase power supply only. In case of any repairs or change from domestic to commercial power supply the tenant has to bear the necessary charges during his term of tenancy, and normalize back to original of 3 phase domestic supply status at his cost."

In the month of November2013,  ADE of (APECDL,) state electricity  had inspected the house and found the power is misused for commercial purpose instead of domestic use and has sent notice and asked the owner to pay for the misuse for the last one year period. The amount comes to approx. Rs 28,000/=. Now the tenant claims that he do not want to pay as he has occupied the house only in Oct 2013. The tenant is also right one way but if he had not converted before the inspection. If he had converted it earlier it would not have cost me or the tenant this much amount.

UNDER THESE CIRCUMSTANCE WHAT YOU WOULD ADVISE ME TO DO?

Your advise will be treated as arbitration in this respect.

 



Learning

 2 Replies

adv.raghavan (Advocate,9444674980)     14 January 2014

you have no other option but to pay and u can go for appeal against the order of TNEB , based on the documents what u have to prove it was used for commercial purpose later on only.

UdayaLakshmi (self)     14 January 2014

Then what is the use of writing an agreement. Is not the responsibility of the tenant to take care? 

If he had converted it earlier the penalty could have been avoided. This is unnecessary burden on the owner.

There is unethical.


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